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I 

co:n^stittjtion 




AND 



.^ 



CANONS, 



TOGETHEK WITH THE 



RULES OF ORDER, 



OF THE 



PROTESTANT EPISCOPAL CHURCH 



IN NORTH CAROLINA. 



REVISED AND ADOPTED MAY, 1866. 



■■•* V .. .NT. 0. : 

H, BERNAKD's ^PTa- and PUBLISHING HOUSE. 

1868. 



co:n'stittjtion" 



AND 



CANONS, 



TOGETHER WITH THE 



RULES OF OIlI>ER, 



OF THE 



PROTESTANT EPISCOPAL CHURCH 



IN NORTH CAROLINA. 



REVISED AND ADOPTED MAY, 1866. 



WILMmGTON, K C. : 

^TING 

1868. 



^> 



CON'STITTJTION", 



ARTICLE I. 
The Chureli in this Diocese accedes to and adopts the Constitution of 
the Protestant Episcopal Church in the United States of America, as set 
forth in General Convention thereof, and acknowledges its authority accord- 
ingly. 

ARTICLE II. 

Section 1. There shall be an Annual Convention of the Church in this 
Diocese, at such time and place as may be determined by the next preced- 
ing Convention, or, in the event of no such determination, on the last 
Wednesday in May, at such place as may be agreed upon by the Bishop 
and Standing Committee. 

Sec. 2. But the time or place of such meeting may be changed, or 
special Conventions called, by the Ecclesiastical Authority of the Diocese, 
subject nevertheless to such canonical provisions as may hereafter be made. 

Sec. o. Provided that no special Convention shall be called without at 
least sixty days' notice, which notice shall be published for at least one 
month in three different newspapers of the State, and shall specify the 
business and purpose for which said special Convention is to be called, and 
upon that alone it shall act. 

ARTICLE III. 

Sec. 1. The Convention shall be composed of the two orders, Clerical 
and Lay. 

Sec. 2. The Bishop of the Diocese, or, in his absence, the Assistant 
Bishop, if there be one, or the Bishop in charge, as representing the Epis- 
copal authority, shall, if present, preside at all meetings of the Convention. 

Sec. 3. Every Clergyman of the Church, having been for twelve calendar 
months before any meeting of the Convention canonically connected with 
the Diocese, either as a Clergyman or as a Candidate for Orders, shall be 
entitled to a seat and vote in the same. 



Sec. 4. Eacli regularly organized Parish in union with the Convention 
shall be entitled to be represented at its sessions by one or more delegates, 
not exceeding four, to be chosen by the Vestry from among the baptized 
persons of good moral standing in said Parish, And each Vestry shall be 
entitled to elect in addition four alternate delegates, subject to the same 
qualifications, who shall be authorized, in the order of their election, to 
fill any vacancy that may occur in the delegation originally chosen. Pro- 
vided, that no person, clerical or lay, under ecclesiastical censure, publicly 
declared by a competent tribianal, shall be admissible to a seat in the Con- 
vention. 

Sec. 5. If any Parish shall neglect or decline to appoint delegates, or if 
any of those appointed shall neglect or be prevented from attending, suck 
Pari-sh shall nevertheless be bound by the acts of the Convention. 

ARTICLE IV. 

Sec. 1. The Convention shall be the sole judge of the election of its own 
members. It shall have power to adopt rules of order for its own govern- 
ment, elect officers and raise funds, and shall also have such other legis- 
lative powers as may be necessary and proper for the well-being of the 
Diocese. 

Sec. %. The Convention shall have no power to pass any Canon infring- 
ing the Episcopal authority, or affecting the spiritual coridition of the 
Diocese, against the express dissent of the Bishop:: Provided, that said 
dissent shall be expressed at that or the ensuing Annual Convention. 

Sec. 3. But this shall not prevent the Convention from ofiering, inde- 
pendently of the Bishop, resolutions of advice or inquiry, or from any 
proceedings necessary for the purposes of impeachment. 

ARTICLE V. 

Sec. 1. To constitute a quorum for the purpose of ordinary business, the 
presence of one-third of all the Parochial Clergy, and of Delegates from 
ten of the Parishes entitled to representation in the Convention, shall be 
necessary. Any less number shall be competent to receive reports and to 
adjourn. 

ARTICLE VL 

Sec. 1. Upon any question before the Convention, when it may be re- 
quired by any one clerical member, or by the delegation present of any one 
Parish, the two orders shall vote separately. And in all cases of a vote by 
orders, each clerical member shall be entitled to one vote, and each dele- 
gation shall also be entitled to one vote, and a concurrence of majorities of 
both orders shall be necessary to a decision. When no such division is 
called for, each member of the Convention shall be entitled to one vote. 

Sec. 2. All elections shall be by ballot, unless otherwise unanimouslj- 
ordered. 



ARTICLE VII. 

Sec. 1. The Convenfion -shall annually elect a President (who shall be a 
Presbyter of the Diocese), a Secretary and a Treasurer. 

Sec. 2. Should there at any time be no such election, then the officers 
last before elected shall hold over till such election shall be had. 

Sec. 3. Should the office of Secretary or that of Treasurer become vacant, 
by death or otherwise, at any time preceding the annual election, the 
Ecclesiastical Authority shall be empowered to appoint some person to 
fill the vacancy till such time as an election shall be had, who shall be 
competent to all the powers and duties of the office as if regularly elected 
thereto. 

ARTICLE VIII. 

Sec. 1. A Standing Committee or Council of Advice to the Bishop, of 
not less than five persons, shall be annually elected by the Convention. A 
majority of said Committee shall at all times be Clergymen ot the Diocese, 
^nd no Layman not a communicant shall be a member thereof. 

Sec. 2. The Committee shall have power to fill any vacancies that may 
occur in their own body between the Annual Meetings of the Convention. 

Sec. 3. When thei-c is no Bishop, the Standing Committee shall be the 
Ecclesiastical Authority of the Diocese, and, as such, may invite the tem- 
porary services of other Bishops, and, lor due cause, may change the time 
or place of the Annual Meetings of the Convention. They may also sum- 
mon special Conventions when there is no Bishop, and shall do so upon 
the call of one-third of the Clergy of the Diocese, or of one-third ot the 
Parishes in union with the Convention, as appearing upon the lists of the 
Journal last before published. And although there be a Bishop, the 
Standing Committee shall have power to call special Conventions for the 
purpose of proceedings relative to his impeachment, and shall do so upon 
a, similar requisition by the Clergy or Laity. 

■ ARTICLE IX. 

Sec. 1. Any ten or more Adults may organize themselves into a Parish 
and be received into union v/ith the Convention, by taking such steps as 
naay be provided for by Canon. 

Sec. 2. Provided that it shall always be competent to the Ecclesiastical 
Authority of the Diocese, with the consent of the Rector of any Parish, to 
establish within the limits of said Parish, independent Missionary congre- 
gations, whose pastors shall be independent of the Rector and responsible 
vonly to the Ecclesiastical Authority aforesaid. 

Sec. 3. In all. Parochial elections none shall be entitled to vote but males 
of the age of twenty-one years, members of the Parish, who^ shall have 
subscribed a declaration in the following words., viz : 



We, the undersigned, do hereby consent to be governed by the Consti- 
tution and Canons of the Church, as set forth in General Convention, and 
by the Constitution and Canons of the Church in this Diocese. [See Canon 
xiv.] Provided, that this section shall not be taken to infringe upon the 
existing customs of any already organized Parish, 

Sec. 4. Any Parish ceasing to be represented in the Convention for two 
successive years, or any Parish resisting the authority of the Convention, 
may be suspended from the right ot representation, or its connection with 
the Convention be dissolved, by a vote of a majority ot all the Parochial 
Clergy, and a majority of Delegates from at least twenty Parishes. But 
such suspension or dissolution shall never take place without previous 
inquiry by a Committee appointed for the purpose and a report upon the 
facts of the case ; nor until after 30 days' notice to the Rectoi*(or Yestry, 
or in case there be none, then to some member of the Parish in default. 

ARTICLE X. ♦> 

Sec. 1. Any Presbyter regularly called to the charge of a Parish and 
entering thereupon, shall, during the time of such charge, be held to be 
the Rector of said Parish. 

Sec. 2. The Rector is recognized as having, by virtue of his office, the 
exclusive regulation, under his canonical superiors, of all the spiritual con- 
cerns of the Parish ; as being entitled at all times to have access to the 
Church building, and to open the same for the service or instruction of 
this Church, as he may deem proper, to call meetings of the Vestry or con- 
gregation ; when present, to preside in the same, and in case of a tie, to 
give the casting vote. 

ARTICLE XL 
The Convention shall pass Canons for the trial of Clergymen. 

ARTICLE XIL 

Sec. 1. When a Bishop or Assistant Bishop is to be elected, the Conven- 
tion shall always vote by distinct Orders, on this wise : The Clergy, by a 
majority of all in the Diocese entitled to seats in the Convention, shall 
make a nomination by ballot for the office ; and then a concurrence by bal- 
lot of a majority of the Delegates from at least twenty Parishes in union 
with the Convention, (the said Delegates voting by Parishes), shall be neces- 
sary to complete the election. 

Sec. 3. In the election of a Bishop, or upon any question touching the 
same, no Clergyman who shall have become canonically connected with the 
Diocese during the vacancy in the Episcopate, and no Parish which shall 
have been received into union with the Convention during such vacancy, 
shall be permitted to vote. 



ARTICLE XIII. 
Ko new Canon sball be passed, nor shall any existing Canon be amended, 
upon the day upon which said new Canon or amendment may be proposed, 
without unanimous consent. Nor, without a similar consent, shall the 
question upon such Canon or amendment be finally put without previous 
reference to a Committee. 

ARTICLE XIV. 

Sec. 1. This Constitution shall not be altered or amended without, 

First. A concurrent vote of a majority of both orders present at one 
Annual Convention proposing said alteration. 

Second. The adoption of the proposed alteration or amendment, at the 
next ensuing Annual Convention, by a majority of all the Clergy present, 
and a majority of the Delegates from at least twenty Parishes, entitled to 
seats in said Convention, the said Delegates voting by Parishes. 

Sec. 3. Provided, that the consideration of the proposed amendment 
may always be postponed to the next Annual Convention, by a vote of 
two-thirds of both orders present. 

ARTICLE XV. 

This Constitution shall go into effect from and after the adjournment of 
this Convention, 



CA.jN'ON'S. 



CANON I.— Change of Time oh Place of Meeting op Convention', 
Whenever the prevalence of an epidemic, or contagious disease, or other 
sufficient cause, shall render it necessary, the Ecclesiastical Authority of 
the Diocese may change the place and time of meeting of the Diocesan 
Convention. 

CANON IL — List of Members of Convention. 

Section 1. — Clergy. — It shall be the duty of the Secretary, before the 
opening of the Annual Convention, to apply to the Ecclesiastical Authority 
for a correct list of the Clergy entitled to seats. Such list shall be prima 
facie evidence of said title, and from it the Secretary shall piepare the Roll 
for the purpose of organization. 

Sec. 2. — Laity. — The Secretaries of the several Parish Vestries electing 
Lay Delegates to the Convention^ shall furnish three certificates ot said 
election, whereof one shall be handed to the Delegates elect, one shall be 
forwarded to the Secretary of the Convention, and one to the Minister of 
the Parish where the Convention is to be held — the latter two to be mailed 
at least two weeks before the timo appointed for the opening of the session. 
From these certificates the Secretary shall prepare a list of Lay Delegates, 
to be called at the opening of the Convention ; nor shall he insert any 
name upon the roll without the evidence of one of said certificates, unless 
specially directed to do so by the Convention. Defective or doubtful cer- 
tificates shall be laid aside to be acted upon after the Convention shall 
have organized. 

CANON III— Services. 
At the opening of the Convention, Divine Service shall be celebrated 
and ihe Holy Communion administered;, and a Sermon shall be preached 
by some Clergyman appointed for the purpose by the Ecclesiastical 
Authority. 

CANON IV.— Rules op Order. 
The Convention shall adopt Rules of Order, which shall continue in 
orce till altered. 



9 

CANON V. — President. 

The President shall preside at all meetings of the Convention, in the 
absence of a Bishop competent to do so, according to the provisions of the 
Constitution. 

CANON VI.— Secretary. 

The Secretary shall issue the prescribed notices ot the annual meetings 
of the Convention, and in case of special meetings of the same, or of a 
change in the time or place of the regular meeting, shall, under the direc- 
tion of the Ecclesiastical x\utliority, issue notices thereof. lie shall pre- 
pare the canonical lists of the Clergy and Lay Delegates entitled to seats 
therein. In the absence of both Bishop aud President, he shall call the 
Convention to order for the purpose of organization. He shall keep a 
record of its proceedings under its direction ; shall prepare and issue its 
journals ; and shall preserve and have ready for reference, all papers be- 
longing to the same, not specially given into other hanUs ; and shall also 
be the Registrar of the Diocese. 

CANON VII.— Treasurer. 
The Treasurer shall have custody of all funds or moneys belonging to 
the Diocese ; shall, under the direction of the Convention, receive, invest 
and disburse the same, and shall keep and return an account thereof to 
eacli annual meeting. 

CxVNON VIII.— Committees. 

Sec. 1. In addition to the Standing Committee of the Diocese, as pro- 
vided for by the Constitution, the following permanent Committees shall 
be annually elected, who shall remain in office till the appointment of 
their successors, viz : An Executive Missionary Committee, to consist of 
five; an Education Committee, to. consist of three ; and a Church Build- 
ing Committee, to consist of five, besides the Bishop, who shall be ex officio 
member and Chairman of said Committees. 

Sec. 2. — Standing Committee. — The Standing Committee shall elect a 
President and Secretary from their owm body. They shall assemble upon 
the call of their President, whenever he may deem it necessary. He shall 
also summon them whenever required to do so by the Bishop, or by any 
three members of the Committee. In the event of a vacancy in the Epis- 
copate, the President shall call a meeting within thirty days after knowl- 
edge of the fact. The Standing Committee shall hold meetings for the 
transaction of business at each Convention, and shall report to the annual 
meetings of the Convention the transactions of the preceding year. A 
record of all their official acts shall be kept by their Secretary, which shall 
always be open to the inspection of the Bishop, and of the Convention. 

Sec. 3. — Executive Missionary Committee. — The Executive Mission- 
ary Committee shall have in charge the Missionary funds of the Diocese, 
2b 



10 

for which they shall be empowered to draw upon its Treasurer, the order 
of their Chairman being the Treasurer's wan-ant. They shall receive appli- 
cations for aid ; they shall report annually to the Convention their transac- 
tions during the previous year, and the condition of the Missionary field, 
and shall make such recommendations for the future as may seem to them 
good. Under the direction of the Bishop, if there be one, they shall select 
the Missionaries or Missionary Stations to be aided, and in the absence of 
specific directions by the Convention, shall make such appropriations to 
the same as may seem to them suitable. With the Consent of the Bishop, 
they may appropriate moneys to Convocations instead of individuals ; and 
may leave to these Convocations, under the direction of the Bishop, the 
selection of Missionaries or Missionary Stations to be aided.- 

Sec. 4. — Education Committee. — The Education Committee shall have 
charge of the Education fund of the Diocese, with power, in the absence 
of express provisions to the contrary, to invest or appropriate the same as 
may seem to them best. They shall be empowered to draw upon the 
Treasurer of the Diocese for all such funds in his hands, and the order of 
their Chairman shall be his warrant. They shall receive, consider, and act 
upon, all applications for aid in behalf of young men desirous to enter the 
Ministry of the Church. They are hereby directed to seek out such cases, 
and if need be, bring them to the notice of the Church, in any way that 
may seem best. They shall report annually to the Convention their trans- 
actions of the preceding year, and the condition of the Fund under their 
control, and shall make such recommendations for the future as may seem 
to them good. 

Sec. 5. — Church Building Committee. — The Church Building Com- 
mittee shall have charge of all funds contributed in the Diocese for the 
purpose of aiding feeble congregations, within the Diocese, in building or 
repairing Churches, with power to invest or aj^propriate the same, as may 
seem to them best ; Provided, that there shall be no appropriation of the 
funds of this Committee towards any building not secured to the sole use 
of the Protestant Episcopal Church in the Diocese of North Carolina. 
The Committee shall be empowered to draw upon the Treasurer of the 
Diocese for such funds as he may have received for Church Building ; and 
the order of their Chairman shall be his warrant. They shall report 
annually to the Convention their transactions of the preceding year, and 
the condition of the fund under their control ; and shall make such recom- 
mendations for the future as may seem to them good. 

CANON IX.— Belief Fund. 

The contributions to the Relief Fund shall be distributed under the 
direction of the Bishop. 



CAKON X.— Committee on the State of the Ciiuiicn. 

It shall be the duty of the Committee on the State of the Church, from 
such materials as may be placed before them, to report to the Convention, 
at some time during its session, the condition of the Diocese, with such 
particular statements, or such recommendations, as may seem to them 
desirable. 

CANON XL — CoMikiiTTEE ON Finance. 

The Committee oh yiatrffce shall audit the Treasurer's accounts. They 
shall have power to report a scale of assessments, for the purpose of rais- 
ing funds required for Diocesan purposes ; they may receive applications 
for the alteration of the said scale, and shall report thereon to Convention. 
They shall report to each Convention the general condition of the several 
funds of the Dio6ese, with such deficits in the assessments as may be dis- 
coverable. They may make such recommendations as may seem to them 
desirable, and shall act upon all other matters relative to Diocesan property 
committed to them by the Convention. 

CANON XIL— Deputies to the General Convention. 

At each Annual Convention there may, and at each Annual Convention 
immediately preceding the triennial session of the General Convention 
there shall, be elected four Clerical and four Lay Deputies to the said General 
Convention, who shall be, in accordance with Art. Ill of the Constitution 
of the General Convention, *' Communicants in this Church and residents 
in the Diocese." There may also be appointed four Alternate Clerical and 
four Alternate Lay Deputies, subject to the same provisions as the original 
Deputies above mentioned. The said Alternate Deputies shall succeed to 
vacancies in the original deputation — the Clergy in the order of official and 
the Laymen in that of jpersonal seniority. And in this order the Secretary 
shall insert their names upon the journaL Deputies elect to the General 
Convention, finding themselves unable to attend, shall, four weeks at least 
before the time of meeting, give notice to the first Alternate of the same 
order. Should said Alternate be unable to attend, he shall give imme- 
diate notice to the next upon the list of the same order with himself. 
Should either of said Alternates receive two or more such notices, he shall, 
according to the circumstances, transmit said notices to one or more of 
the Alternates who follow him, and in the order in which they stand. 

CANON XIII. — Trustees gp the Diocese. 
The Bishop, or when there is no Bishop, the President of the Standing 
Committee, shall, ex officio, with two Laymen to be elected by the Conven- 
tion, constitute a Board of Trustees for the Church in this Diocese, and 
shall be authorized to hold the property of the Diocese not otherwise pro- 
vided for ; they shall also from time to time give directions to the Treasurer 
in regard to the investment of the permanent and unappropriated funds 
©f the Diocese in his hands. 



12 

CANOISr XIV. — Organization of Parishes. 

In order to the organization of a new Parish, and its union with the 
Convention, it shall be necessary, 

First. To obtain the written consent of «the Ecclesiastical Authority. 

Second. If within the limits of some already existing Parish, to obtain 
and present to the Convention the written consent of the Kector of the 
Parish. Provided, that if the consent of the Minister aforesaid is denied 
or withheld, application may be made to the«Bftcl^siastical Authority of 
the Diocese for the establishment of such new Parish, of which application 
one month's previous notice shall be given to the Minister whose consent 
is so denied or withheld. The decision of the Ecclesiastical Authority, if 
in favor of the application, shall be final ; but if otherwise, the case shall 
be reported to the Convention of the Diocese, with the reasons for with- 
holding an assent, for the final action of that body. 

Third. To assume a name and elect a Yestry. 

Fourth. To subscribe and present to the Ci^nvention a certificate in the 
following words, viz : " We, the undersigned, being ad-alts desirous to form 
ourselves into a Parish of the Protestant Episcopal Church in the Diocese 
of North Carolina, do certify that we consent to be governed by the Con- 
stitution and Canons of the Church, as set forth in the General Convention, 
and by the Constitution and Canons of the Church in this Diocese : that 

we have assumed the name of , and have elected the following persons 

Vestrymen : . In witness whereof, we have hereunto sub- 
scribed our names, this — — day of , in the year of our Lord ." 

For the purpose of recording said subscription, as also for the purpose of 
receiving the subscriptions of subsequent voters, provided for by Art. X, 
Sec. 4, of the Constitution, a book shall be kept in the Vestry of each 
Church, and shall be present at the Parochial Elections. 

CANON XV. — Parochial Elections. 

Sec. 1. — Vestry. — Upon Easter Monday, unless some other day has been 
specified by the Vestry, each Parish shall elect annually, from among the bap- 
tized members of the Parish in good standing, a Vestry of not less than three, 
nor more than twelve persons. But in the event, at any time, of an omis- 
sion to elect, the Vestry last chosen shall hold over till another election 
shall be held. 

Sec. 3. — Wardens. — Each Vestry shall annually elect a Senior and a 
Junior Warden, from among their own number ; the former upon nomina- 
tion by the Rector. If there be no Eector, the election shall proceed with- 
out said nomination. 

Sec. 3. — Duties of Wardens. — In the absence of the Rector, the War- 
dens shall preside in all meetings of the Vestry or congregation, in the 
order of their official seniority. As representatives of the Vestry, they 



13 



shall (subject to its directions and in consistency with the rights of the 
Pastor,) have charge of the Church building, and shall see that it be kept 
from all secular uses, and from all uses inconsistent with the doctrines or 
discipline of the Protestant Episcopal Church ; and, so far as possible, in 
good repair, as becometh the House of God, They shall see that it be pre- 
pared for public worship, and that order be preserved during the same ; 
that suitable books be provided for the service, robes for the Vestry, and, 
when necessary, the elements for the Holy Communion. 

Sec, 4, — Treasurer, — In the absence of any other appointment, the 
Junior Warden shall act as Treasurer of the Parish. 

Sec, 5. — Vestry Meetings in Certain Cases. — Should the Rector refuse 
to call a meeting of the Vestry, when, in the opinion of the Wardens or of 
a majority of the Vestry, such a meeting would be of importance, it shall 
be competent to the Wardens, or any three of the Vestry, to call one. 
Provided that the Rector shall have due notice of the same. 
CANON XVI.— Call of a Pastor. 

When there is no Rector, the Wardens and Vestry shall have power to 
call a Minister and to enter into all needful stipulations for his support. 
But if he prefer to rely upon the voluntary contributions of the people, he 
shall be entitled to do so ; and in such case the Vestry shall not have 
power to tax the sittings for that purpose without his consent. The Rec- 
tor shall not have power to appoint a permanent Assistant without the 
consent of the Vestry. 

CANON XVIT. — Legal Powers op the Vestry. 

The Vestry shall be the Trustees of the Parish ; shall have charge of all 
the secular concerns thereof; shall hold the jDroperty belonging thereto, 
and shall be authorized to collect, invest or disburse its funds. 
CANON XVIII. — Dissolution op Parishes. 

In case of the dissolution of a Parish, the jproperty belonging to the 
same shall vest in the Trustees of the Diocese, in trust for the interests of 
the Church in the said late Parish, and shall, upon the lonajide re-organi- 
zation of said Parish, be re-conveyed to the same. 

CANON XIX — Registration, Reports, &c. 

Sec. 1. — Private and Parish Registers, — It is hereby ordered that 
each Clergyman of this Church shall keep a register of all the baptisms, 
marriages, confirmations and funerals solemnized by him, as well as of all 
the baptisms, marriages, confirmations and funerals within his Parish or 
cure, specifying the names of the persons in each instance ; the ages and 
parentage of those baptized, with the names of their sponsors or witnesses, 
and the time when each rite is performed, which register shall be tran- 
scribed at least once in each month into a book to be kept for the purpose 
by the Vestry of the Parish. 



14 

Sec. 2. — Lists of Communicants, &c.— It shall also be the duty of each 
Clergyman to keep a list of the Communicants within his cure, and, so far 
as practicable, of all the families and adult persons within the same, to 
remain for the use of his successor. 

Sec. 3. — Parochial Reports.— It shall be the duty of each Clergyman 
to report to the Bishop of the Diocese, on or before the first day of each 
Annual Convention, the number of the baptisms, confirmations, marriages 
and deaths among the people of his charge since the preceding Conven- 
tion ; also, all such official acts as he may have performed during the 
same period, whether within or without his cure, specifying in the latter 
case the place where performed. He shall also report, so far as practicable, 
the number of communicants within his cure, with the numbers ot children 
receiving religious instruction in Sunday Schools, or Parochial Schools ; 
also the amounts of contributions for Church purposes, as well as such 
other matters as may throw light upon the state of the Parish. 

Sec. 4.— Readingof Said Reports. — The said reports, or such parts of 
the same as the Bishop may deem fit, may be read in the Diocesan Con- 
vention, and shall be entered upon the journals thereof. 

Sec. 5. — If there be no Pastor. — In the case of a Parish w^ithout a 
Pastor, it shall be the duty of the Vestry to make the Parochial Report 
required by this Canon. 

Sec. 6. — Communicants to be Reported. — In making the above Re- 
ports, all Communicants not suspended by action of a regular tribunal, or 
with their own consent, shall be included. 

CAlsTOIT XX.— Salaries, Coaipensations, &c. 

Sec. 1. — Officers of the Convention, &c.— The Secretary, the Treas- 
urer, the Clerical members of the Diocesan Convention, and the members 
of the Standing Committee of the Diocese, in actual attendance upon the 
duly called meetings of the bodies to which they severally belong, shall be 
entitled to' have their necessary expenses, incurred by such attendance, paid 
■out of the funds of the Diocese; and the Treasurer of the Diocese is 
hereby directed to pay the same upon the personal application (by letter 
or otherwise) of said parties, accompanied by a certificate of the amount 
actually and necessarily expended in each instance. 

Sec. 2. — Clerical Deputies. — Each Clerical Deputy to the General 
Convention, actually attending the same, shall be entitled to have his 
necessary expenses, incurred by such attendance, paid out of the funds of 
the Diocese. And the Treasurer is hereby directed to pay the same upon 
his application. 

CANON XXI. —Education Fund. 
There shall also be made, in every Parish of the Diocese, at least once ia 
■each year, a collection in behalf of the Diocesan Education Fund. 



GAKON XXII. ^Permanent Episcopal Fund. 

Sec. 1. There shall be established, to aid in the support of the Bishop^ 
a fund to be called the Permanent Episcopal Fund, to include all sums 
hitherto contributed specifically to that object, or which may hereafter be 
contributed, whereof the principal shall remain untouched, and only the 
interest be applied to the support of the Episcopate. 

And the Treasurer is hereby directed to add to the same, from time to 
time, all the surplus remaining trom the amounts received by assessment or 
otherwise, for the support of the Episcopate and the contingent expenses 
of the I)iocese, after payment of said Bishop's salary and contingent 
expenses. 

CANON XXIII.— Permanent Missioi^ary Fund. 

Sec. 1. All sums derived for Missionary j^urposes, from any source other 
than that of the regular Missionary assessment, shall, if consistent with 
the will of the donors, be invested as a Permanent Missionary Fund, 
whereof the principal shall remnin untouched, and only the interest be 
applied to current Missionary expenses. 

Any surplus which may remain from the amounts received for current 
Missionary expenses, whether by interest upon the permanent fund afore- 
said, by assessment, or otherwise, after payment of such current Missionary 
expenses, shall be added to the permanent fund aforesaid. 

CANON XXIV. — Unappropriated Funds. 
All permanent and unappropriated funds belonging to the Diocese shall 
be invested by the Treasurer in some safe securities, under the direction of 
the Trustees of the Diocese. 

CANON XXV. — Clergy Liable to Missionary Duty. 
All Clergymen receiving aid from the Missionary funds of the Diocese, 
shall be liable to perform regular Missionary duty, the sphere of which 
shall be fixed by the Bishop and the amount by the Bishop and Missionary 
Committee. 

CANON XXVI,— Trial of Clergymen. 

Sec. 1. — The Presentment. — Any Clergyman shall be liable to present- 
ment and trial, for false doctrine, immorality, disorderly conduct, violation 
of the rubrics, of the Constitution or Canons of the Church in the United 
States, or of the Constitution or Canons of the Church in this Diocese. 

Such presentment to be made by the Vestry of the Parish in which said 
Clergyman has chaTge, or in which he resides, or by at least three male 
Communicants of the Diocese of full age, or by two or more Presbyters^ 
who shall have been canonically resident therein for one year. 

But no presentment shall be made in any case of any offence alleged to 
have been committed more than three years before the date of the present- 



16 

mcnt. Provided, that if the accused be convicted of the alleged offence 
in a civil Court, presentment may still be made within one year after said 
conviction. 

Said presentment shall be made to the Bishop, in writing^ with the 
names of the presenters subscribed, and shall distinctly declare, with all 
reasonable specification of time and circumstances, the nature ot the offence 
or offences with which the said Clergyman may be charged. 

Sec. 2.— Public Rumor.— Bat although no such presentment be made, 
if public rumor charge any Clergyman with the commission of any of the 
offences above enumerated, the Bishop shall appoint two or more Presby- 
ters to investigate the truth of such rumor, and if such investigation prove 
adverse to the Clergyman so charged, the said Presbyters shall make the 
presentment as above, according to the form and regulations 'there pro- 
vided. 

The presenters shall, in all cases, assume the responsibility of conduct- 
ing the prosecution. 

Sec. 3. — Service op Presentment — Constitution of Court. — Should 
the Bishop be of opinion, from the nature of the charge or charges made, 
that the presentment contains sufficient grounds for proceeding to trial, he 
shall cause a copy thereof to be forthwith sent to the accused. He shall 
then give notice to the Standing Committee, who thereupon shall select 
seven Presbyters, actually and canonically resident in the Diocese, from 
whom the President of the Standing Committee shall, in writing, call 
upon the accused to elect three. But in case the accused refuse or neglect 
to make such election within ten days after due notice as aforesaid, the 
Standing Committee shall make the said election. 

The three Presbyters so elected shall constitute a Court for the trial of 
the accused; and shall have all powers necessary for the due conducting 
of the said trial. 

Sec. 4. — Lay Assk8sou. — The Bishop shall appoint a member of the 
legal profession, who shall also be a Communicant of the Church, 2^% Asses- 
sor to the Court,''to advise the Court, if requested^ upon all questions of law 
which may arise during the trial. 

Sec. 5. — Time and Place of Trial, and Notice Thereof. — The 
Bishop shall appoint a time and place of trial, and shall give at least 
thirty days' notice of the same to the members of the Court^ the Assessor, 
the Presenters, and the Accused; at which time and place the Witnesses 
also shall be notified to attend. 

Sec. 6. — Assembling of Court and Record of Proceedings. — The 
Court shall assemble at the time and place appointed, and shall proceed to 
examine fully the charges ; and shall keep an accurate record of all their 
proceedings and of the evidence. 



17 



Sec. 7. — Nature op Evidence and How Given. — No charge shall be 
considered as established, unless proved by two witnesses^ or by one witness 
and corroborating circumstances. 

Testimony may be given orally before the Court, or in writing, upon 
interrogatories and cross-interrogatories, to be previously filed with the 
Secretary or Registrar of the Court. Any one or more of the witnesses 
may be examined on oath or affirmation, on the requisition of either party. 

Sec. 8. — Decision op the Court and the Sentence. — A unanimous 
vote of the Court, on one or more of the charges, shall be necessary to the 
conviction of the accused ; and if their decision be adverse to the accused, 
they shall proceed to determine the kind and degree of punishment com- 
mensurate in their opinion with the offence or offences committed. They 
shall transmit to the Bishop, under their hand, the record of their proceed- 
ings. The judgment of the Bishop on such decision shall be final, except 
that he shall have no power to increase the punishment recommended by 
the Court. 

Sec. 9. Suspension, or any heavier sentence, shall, ipso facto^ sever the 
connection of the Clergyman with his Parish. 

Sec. 10. — The Record to be Filed. — The Record provided for in the 
sixth Section of this Canon, together with the Bishop's sentence endorsed, 
shall be preserved among the papers of the Diocese. 

Sec. 11. — Notices. — For the purjDOse of any notice provided for by this 
Canon, it shall be sufficient to serve it either personally or by leaving a 
copy thereof at the last place of residence of the accused. 

Sec. 12. — Confession op an Oppence.— When a Clergyman shall make 
confession to the Bishop of the commission of any of the offences enumer- 
ated in the first section of this Canon, the Bishop shall proceed to inflict 
such ecclesiastical censure or punishment upon the Clergyman so confes- 
sing, as he (the Bishop) shall think right. 

Sec. 13. — Renunciation of False Doctrine. — In the case of any accu- 
sation of false doctrine, a renunciation of the same, to the satisfaction of 
the Bishop, shall stay all farther proceedings. 

CANON XXVII. — Journals op Convention. 
The Secretary shall each year preserve thirty copies of the Journal for 
the use of the members of the next ensuing Convention. 

3b 



RULES OF ORDER. 



I. Upon the day appointed, tlie Convention shall assemble at 10 A. M., 
for the purpose of organization. The Presiding Officer shall call the Con- 
vention to order and cause the Roll to be called ; whereupon, should a 
quorum be present, the Convention shall be declared organized. 

II. After Morning Prayer, the Convention shall proceed to the election 
of a President and a Secretary. 

III. The Convention shall elect a Treasurer, after the Report of the 
Committee of Finance. 

IV. All Committees shall be appointed by the President, unless other- 
"wise ordered. 

V. The regular Committees shall be — 

The Committee on the State of the Church, 
The Committee on Canons, 
The Committee on Finance, 

to consist each of five persons. 
The Committee on Elections, 
The Committee on New Parishes, 
The Committee on Unfinished Business, 

to consist each of three. 
The said Committees shall be appointed at as early a period in the session 
as may be practicable. 

VI. The order of business shall be as follows : 

The Bishop's Address. 
Communications from the President. 
Reports from The Committee on Elections. 

The Committee on New Parishes. 

Parochial Reports. 

Standing Committee's Report. 

Committees appointed at the last Convention. 

Treasurer's Report. 

Finance Committee. 

Committee on Canons. 



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Committee on Untinished Business. 

Committee on the State of tlie ChurcK 

Other Special Committees. 
Petitions and Memorials. 
Motions and Resolutions. 

VII. After the President has taken the Chair, no member shall continue 
standing, except to address the Chair. 

VIII. Speakers shall address the Chair, and shall confine themselves to 
the point in debate. 

IX. No motion shall be considered unless seconded, and, if required, 
reduced to writing. 

X. When the President is j)utting any question, the members shall con- 
tinue in their seats, and shall not hold any private discourse. 

XI. When a question is under consideration, no motion shall be received, 
unless to lay upon the table, to postpone to a certain time, to postpone 
indefinitely, to commit, to amend, or to divide ; and motions for any of 
these purposes shall have precedence in the order herein named. The 
motions to lay on the table and to adjourn shall always be in order, and 
shall be decided without debate ; and of these, the mot^ion to adjourn shall 
take precedence. 

XII. If the question under debate contains several distinct propositions, 
the same shall be divided at the request of any member, and a vote taken 
separately, except that a motion to strike out and insert shall be indi- 
visible, 

XIII. All amendments shall be considered in the order in which they are 
moved. 

When a proposed amendment is under consideration, a motion to amend 
the same may be made. No after amendment to such second amendment 
shall be in order. But when an amendment to an amendment is under 
consideration, a substitute to the whole matter may be received. No pro- 
position on a subject different from the one under consideration shall be 
received under color of a substitute. 

XIV. A question once decided shall stand as the judgment of the Con- 
vention, and shall not be drawn again into debate. A motion to reconsider 
any vote shall not be in order, except on the same or succeeding day to 
that on which the vote is taken : Provided always, that a vote or question 
may be reconsidered at any time by the consent of two-thirds of the Con- 
vention : Provided further, that no motion to reconsider shall be made on 
the last day of the Convention, except on a vote or question originally 
taken on that day. 

XV. The Reports of all Committees shall be in writing, and shall be 
received of course and withouj; motion for accej^tance, unless re-com- 



20 

mitted. All Reports recommending or requiring any action or expressioK 
of opinion by tlie Convention sliall be accompanied by a corresponding 
resolution. 

XVI. All questions of order shall be decided by the Chair without 
debate, but any member may appeal from such decision. And on such 
appeal no member shall speak more than once without leave. 

XVII. No member shall be absent from the Sessions of the Convention 
without leave, or unless he be unable to attend. 

XVIII. When the Convention is about to rise, every member shall keep 
his seat until the President leaves the Chair. 



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